Minutes: Board of Commission Meeting, 06/20/2007 COUNTY COMMISSIONER CHAIR FRED WARNER, JR
COUNTY COMMISSIONER TIM L. KERNS COUNTY COMMISSIONER DR. CARL STIFF BAKER COUNTY BOARD OF COMMISSIONERS
The Baker County Board of Commissioners met for the June 20, 2007 Commission
Session. Present were Commission Chair Fred Warner, Jr., Commissioner Tim L.
Kerns and Commissioner Carl E. Stiff, M.D.
Citizens' Participation:
Healthy Mental Health Presentation: Ms. BeaJean Haskell and Ms. Gail Leumberger
were present before the Board to discuss the values and the quality of mental
health services they feel are necessary for Baker County. Those values include
openness, honesty, accountability, accessibility, excellence, and no conflict
of interest. Ms. Leumberger presented a slideshow that discussed the facts and
fiction of events that have taken place involving Mountain Valley Mental Health
(MVMH). Some of the items discussed included the State site review, the staff,
the lack of information provided, the lack of programs promised, and the
budget. Ms. Leumberger would like Mountain Valley Mental Health to provide
statistics on performance. She reported that there are no full-time licensed
therapists currently working at MVMH. She would like to see information
provided in a timely manner. She would also like to see promises followed
through, specifically referring to new programs that MVMH would like to
develop. Ms. Leumberger briefly discussed the budget. She reported their
budget had not been cut, but that spending by MVMH has exceeded revenue. Ms.
Leumberger questioned Commissioner Stiff if the MVMH budget was balanced.
Commissioner Stiff replied that the budget had been passed at the last Mental
Health and Developmental Disabled Advisory Committee Meeting. Ms. Leumberger
continued by reporting on the shrinking reserve funds available to MVMH. Based
on previous year’s spending, she projected their reserves to be less than
$300,000 in 2007. Ms. Leumberger closed her presentation by listing items of
consideration for the Board of Commissioners. Extend the MVMH contract on a
month-to-month basis for up to six months. Monitor MVMH based on a six-point
protocol listed in the handout provided by Healthy Mental Health. The County
should concurrently explore other possible alternatives to the current
provider, including a county run system. Ms. Leumberger urged the
Commissioners to approve the proposal and to use good government and mental
health values as a guide and to keep the public in the loop. Commissioner
Warner commented that the MVMH contract will be decided on the July 11, 2007
Commission Session. A citizen continued by asking Commissioner Stiff if he had
any comments on how the organization (MVMH) has functioned in the past.
Commissioner Stiff admitted the administrator of MVMH did not provide entirely
factual information. Commissioner Stiff also thought the State could have
handled the situation better by bringing the information before the Board.
Commissioner Stiff would like to see more revenue so they can provide the
quality of services the community expects. GOBHI has reported MVMH has
performed the best of any mental health facility in Eastern Oregon and possibly
the whole state. Ms. Leumberger questioned how the performance was measured.
Commissioner Warner responded by requesting the discussion to be continued at a
later time due to time constraints. Citizen Steve Culley commented on
post-traumatic stress disorder as an issue that we may be dealing with more as
veterans return from Iraq. Mr. Culley wondered if the County would be making
any monetary contributions to MVMH to help with the additional load that may be
placed on MVMH. Commissioner Stiff replied that MVMH has been exploring ways
to help those in need instead of sending them to other facilities and continued
by saying there were not enough licensed therapists to help deal with
post-traumatic stress disorder. Citizen John took opposition to the comment
stating he was a licensed therapist and he had not been contacted by Veteran
Services. He continued by stating the number of individual providers is in
abundance and it’s a matter of whether the federal government will consider it
a priority issue and provide funding for it. Citizen Ed Moses commented on a
new program awarded to Union County. Commissioner Warner replied that Union
County got the program and would provide services for Baker, Wallowa and Union
counties. Commissioner Warner continued by saying that it is something the
County will need to address. Citizen Susanne Moses stated that post-traumatic
stress comes in all forms and it’s just another reason why it’s so important to
have licensed staff available to help deal with these issues. Citizen Mickey
questioned if MVMH claimed all therapists to be licensed. Commissioner Stiff
replied that they are all qualified, but not all of them are licensed. A
citizen added that the therapists at MVMH can work as a Qualified Mental Health
Practitioner, which stipulates they must have a Master’s degree in human
services or other related field or they practice through a waiver with just a
Bachelor’s Degree.
Scheduled Business:
Commissioner Warner moved into the Title III Hearing.
Title III Hearing
Mr. Mark Bennett, Baker County Emergency Management Director, and Ms. Beckie
Guthrie, Training and Employment Consortium, were present before the Board.
Ms. Guthrie began by discussing the project, which will take place in Unity,
Oregon. Unity is considered just barely above poverty level and is a community
with very few job opportunities for young people. The project will consist of
natural resource enhancement projects, which include clearing trails, riparian
improvements and other projects. The Forest Service has offered to pay for the
transportation costs, materials, and the wages for the crew leader. Ms. Guthrie
reported that she currently has four youth signed up, but she hopes to have at
least six. Ms. Guthrie is encouraged by the number of youth who participate in
this program who continue on to college and who find jobs working for the
Forest Service. Ms. Guthrie received word that she would be able to transfer
left-over money from last year’s Title II funds to this year’s projects. Ms.
Guthrie reported the funds will be fully matched and would like to request
$12,000. Commissioner Warner complimented Ms. Guthrie on her work and would
like to see the program expand to the Pine Valley area. Having no public
comment, Commissioner Warner moved on to Mr. Bennett.
Mr. Bennett would like to continue funding for County Fire Authority for
Interagency Fire Coordinator position. The request is $24,000, which is an
increase due to their goal of trying to get the Interagency Tender under full
operation by the second week in July due to drought conditions. The focus will
be on the Wildland Urban Interface area. Mr. Bennett reported full funding
from the BLM, Forest Service, Oregon Department of Forestry, and a soft match
by Baker City. Mr. Bennett reported $6,000 would go into the truck, which is
from Hanford. Baker City will staff the truck and the County will provide the
back-up crew. Mr. Mike Ferguson, Baker City Herald, questioned if the County
will provide staffing at special events such as the motorcycle rally. Mr.
Bennett replied that they would, but the primary focus is to provide coverage
on the freeway between Baker City and Huntington. Commissioner Warner asked
for further public comment. No further comment was made. Commissioner Warner
moved out of the public hearing for Title III funding. Commissioner Warner
made a motion to grant $24,000 to County Fire Authority and $12,000 to Training
and Employment Consortium for the Unity Project out of Title III funding.
Commissioner Stiff seconded the motion. Motion carried.
Review/Approval of Minutes: Commissioner Stiff moved to approve the June 6,
2007 commission Session minutes. Commissioner Kerns seconded the motion.
Motion carried.
Additions to the Agenda:
*Association of Oregon Counties 2007 Election to Receive National Forest
Related Safety-Net payments Under P.L. 106-393. Commissioner Warner
recommended 85% to go towards Title I funding. The remaining 15% will go
towards Title II and Title III. Last year the allocation was 75% towards Title
II and 25% towards Title III. Commissioner Kerns made a motion that we
allocate 85% to Title I. The remaining funds will be allocated as 90% to Title
III and 10% to Title II. Commissioner Warner seconded the motion. Motion
carried.
*Judy Barzee, CCF Director, is applying for grant funds in the amount of
$500,000 for the next five years. The grant is to assist five to ten at-risk
families. Commissioner Warner is asking that one of the Commissioners be
available to authorize the grant. Commissioner Stiff agreed to sign any
necessary documents.
*The Baker County Fair Board is having the Ford Family tour the old armory.
Commissioner Stiff agreed to be available on June 27, 2007 to tour the old
armory.
* Commissioner Warner will be traveling to Newport on June 26, 2007 to attend a
Marine Board Meeting for the grant award to the Parks Department.
*Commissioner Warner reported the County had lost the appeal to the Newt Young
ditch water rights case.
Scheduled Business:
2007/2008 Approved Budget
Ms. Christena Cook, Baker County Administrative Services Director, was present
before the Board to discuss the approved 2007/2008 budget. Ms. Cook reported
the budget committee approved the budget in May. Some changes include an
increase in the beginning fund balance due to carry-over money. The Road
department has received additional funds due to the extension of the Secure
Rural Schools Funding. Their revenue line will be close to $800,000. Due to
restrictions placed by the State, Ms. Cook reported that the road department
budget could only increase by 10% of the total budget for a certain fund from
the time the budget committee meets and the time it’s adopted. Therefore, the
Road Department will only recognize $200,000 on their revenue line and will use
the remaining funds as carry-over money. The Fair Department will increase
their beginning fund balance by $15,000 for a total of $30,000. The weed
control fund will receive additional revenue of $36,000 due to receiving the
funds at the end of June instead of into next fiscal year’s budget, which
requires moving the funds into next fiscal year’s budget.
Commissioner Warner opened the hearing for public comment. No comment was
made.
Commissioner Stiff moved to accept Resolution #1040 for declaring the ad
valorem property tax and categorizing the property tax limitation for Baker
County for 2007-2008. Commissioner Kerns seconded the motion. Motion
carried.
Commissioner Warner moved to accept Resolution #1041 to adopt the 2007-2008
Baker County Budget and Make Appropriations Thereof. Commissioner Stiff
seconded the motion. The motion carried.
Measure 37 Claims
1. M37-06-068: Dwight & Lorna Board (Continued from 5/2/07 Commission Session)
Location: Tax Lot 2000 in Section 7 and 18 of Township 7S, Range 38E,
234.21+/- acres
Tax Lot 600 in Section 4 of Township 8S, Range 29E, 39.09+/- acres
Tax Lot 600 in Section 14 of Township 8S, Range 29E, 65.98 +/- acres
Tax Lot 700 in Sections 3 & 4 of Township 8S, Range, 39E 89.41+/- acres
Tax Lot 800 in Sections 3 & 4 of Township 8S, Range, 29E 70.91+/- acres
Request: The applicants are requesting compensation in the amount of
$1,912,810 or modification/removal of all land use regulations that were
adopted by Baker County since their dates of ownership, May 19, 1965, March 20,
1973, and February 5, 1986 for Lorna and July 2, 1971 and December 28, 1998 for
Dwight. The property was placed under the Board Ranch Limited Partnership on
December 28, 1998, which then constituted a significant change in ownership and
therefore, a break in ownership for the purposes of this Measure 37 claim.
Therefore, the Planning Department recognizes December 28, 1998 as the
ownership date for the current owner for the purposes of this claim.
Ms. Kerns stated parcel 1 is zoned as Timber-Grazing (TG), parcel 2-5 are
Exclusive Farm Use (EFU) and parcels 4 and 5 are within the Powder River flood
zone. The Planning Director made the initial determination that the
application is a valid Ballot Measure 37 claim. The applicant’s proposed use
was to divide the property into residential lots.
Present before the Board of Commissioners was Dwight and Lorna Board; their
attorney, Charley Vaughan; County Counsel Dan Van Thiel; Mark Bennett and Holly
Kerns.
Mr. Charley Vaughan began by discussing Measure 37, and the laws of ownership.
A lengthy discussion of the rules of limited partnerships followed. Ms. Kerns
reported the Department of Land Conservation and Development have been treating
them as a new entity and a break in ownership. This is the first time that
Baker County has seen a case like this. Commissioner Warner asked for any
public testimony. Ms. Kerns reported that Marcos Sackos called to go on record
in favor of the Dwight & Lorna Boards proposal. No other public comment was
made. Kerns made a motion to approve criteria as a valid claim. In lieu of
compensation will not apply ordinance as of those dates listed. Commissioner
Kerns made a motion to approve the Measure 37 claim with ownership dates
starting with May 19, 1965. Commissioner Stiff seconded the motion. Motion
carried. Commissioner Warner moved that in lieu of compensation, Baker County
would waive land use regulations to the original dates of ownership, including
May 19, 1965, March 20, 1973, February 5, 1986, July 2, 1971, and December 28,
1998. Commissioner Stiff seconded the motion. Motion carried unanimously.
2. M37-06-081: Ross E. and Jacquelyn A. Fritz
Location: Tax Lot 400 in Section 2 of Township 7S, Range 38E, 160.59+/- acres
Request: Compensation in the amount of $174,100 or modification or removal of
all land use regulations that were adopted by Baker County since their date of
ownership, May 30, 1972. This would include the provisions of Baker county
zoning and subdivision Ordinance 83-3 and the Baker County Zoning Ordinance of
1974. The applicant’s specific proposed use is to divide into smaller lots and
build more homes.
Commissioner Warner asked for any public testimony. Ross Fritz commented that
they don’t have any current plans of acting on the measure 37 claim, but wanted
the option of doing so in the future.
Commissioner Warner made a motion to approve the claim by Order No. 2007-301.
Commissioner Stiff seconded the motion. The motion carried. Commissioner
Warner moved that in lieu of compensation, Baker County would waive land use
regulations to the date of ownership, subject to conditions of approval in the
staff report. Commissioner Kerns seconded the motion. Motion carried
unanimously.
3. M37-06-075 Jeffrey Petersen:
Ms. Kerns reported the applicant has requested to postpone the hearing until
Wednesday July 11, 2007 at 9:45 a.m. Commissioner Warner made a motion to move
the hearing of Measure 37 claim for Jeffrey Petersen until July 11, 2007 at
9:45 a.m. Commissioner Kerns seconded the motion. Motion carried.
Contract Review Board:
1. Road Department: Intergovernmental Agreement with Union County--Equipment
Lease Agreement. Rick Holden and Kathy Hogge were present before the Board.
The Baker County Road Department is leasing the Norstar spray truck to Union
County. The cost to lease will be $20.18/hr if used outside of Baker County.
Union County will not be charged if the truck is used within Baker County.
Commissioner Warner moved to approve the Equipment Lease Agreement with Union
County. Commissioner Stiff seconded the motion. Motion carried.
2. Road Department: Intergovernmental Agreement with Union County—Vegetation
Control. The agreement will require Union County to purchase and conduct
herbicide applications on Baker County road rights of way for
vegetation/noxious weed control from July 1, 2007 to June 30, 2008.
Commissioner Warner moved to approve the Intergovernmental Agreement with Union
County for Vegetation Control. Commissioner Stiff seconded the motion.
3. Road Department: Intergovernmental Agreement with the City of Baker City
for the purpose of chip sealing certain Baker City streets. Commissioner
Warner questioned how we can justify providing this service to the City when it
won’t be bringing in any revenue. Mr. Holden replied that even though there’s
no revenue, the City would be paying for the labor, which means we save money
in our funds. Mr. Holden reported they have developed a good relationship with
the City and have used them in the past. Commissioner Warner moved to accept
the Intergovernmental Agreement with Baker City for the purpose of chip
sealing. Commissioner Stiff seconded the motion. Motion carried.
4. Road Department: Oil quotes for chip seal in Halfway. Mr. Holden reported
that the City of Halfway does not have the ability to chip seal the roads
themselves. Work on the project will begin the week of June 25, 2007. Mr.
Holden reported HFE 90 has been used in the past with good results. The
recommendation is to use SemMaterials who has the lowest bid and offers HFE
90. The cost is $320/Ton delivered. Commissioner Warner moved to approve the
bid provided by SemMaterials for the cost of $320/ton delivered of HFE 90.
Commissioner Kerns seconded the motion. Motion carried.
5. Road Department: Accept the bid and authorize the purchase of a pickup. Mr.
Holden reported trying to find a 2007 pickup, but they are no longer
manufactured. General Motors only carries automatic ¾ ton pickups, therefore
no bid was submitted from the Baker Garage. The reason for a manual versus an
automatic is so the pickup can be towed. The Baker Garage now claims that
General Motors makes an automatic that can be towed. The information was not
presented in enough time to make a decision. Powder River Motors also did not
present a bid for a 2008 pickup. The ¾ ton pickup from Gentry Ford offers a
manual transmission at the lowest cost. Mr. Holden recommends the lowest bid
from Gentry Ford for the price of $19,744.18. Commissioner Stiff moved to
accept the bid from Gentry Ford for the price of $19,744.18. Commissioner
Warner seconded the motion. Motion carried.
6. Parks Department: Allocation Certification Agreement Maintenance Assistance
Program 2007/2008. This program will provide maintenance services for
facilities open and maintained for public use. Commissioner Kerns moved to
approve the Allocation Certification Agreement Maintenance Assistance Program
in the amount of $12, 500. Commissioner Stiff seconded the motion. Motion
carried.
7. Professional Services Agreement: Ken Bardizian, P.C. for indigent defense.
The number of cases has decreased due to DUI cases moving to circuit court
among other things. The cost will be $68,000 for cases not exceeding 300
cases. The cost will be $76,168.50 for 300 to 350 cases. Commissioner Stiff
moved to approve the Professional Services Agreement with Ken Bardizian at the
cost of $68,000/year. Commissioner Kerns seconded the motion. Motion carried.
8. Intergovernmental Agreement with Umatilla County: Northeast Oregon Regional
Youth Center. This agreement is a renewal of the Pendleton Detention Center.
The cost has increased $5 from last year totaling $130 per day. The agreement
will expire June 30, 2008. Commissioner Kerns made a motion to approve the
Intergovernmental Agreement with Umatilla County. Commissioner Stiff seconded
the motion. Motion carried.
Ratification of Documents:
1. IGA: STF Formula Program. Commissioner Kerns made a motion to ratify the
IGA STF Formula Program. Commissioner Stiff seconded the motion. Motion
carried.
2. Leo Adler Grant to the Baker County Fairgrounds: Commissioner Kerns moved to
ratify the Leo Adler Grant to the Baker County Fairgrounds. Commissioner Stiff
seconded the motion. Motion carried.
Scheduled Business:
Veteran Department Update
Ms. Arda Johnson was present before the Board. Ms. Johnson reported there to
be approximately 2100 veterans Baker County, which is up from last year. The
biggest change has been the passage of Senate Bill 1100, which was to provide
enhancement for the outreach to veterans. This has allowed Ms. Johnson to move
from a part-time employee to a full-time employee. Ms. Johnson reported that
she would have full-time funding until 2009. Last quarter Ms. Johnson said she
was able to visit Meadowbrook in addition to the number of veterans she visited
at home throughout the County. Ms. Johnson expects there to be an increase in
home visits in the future due to veterans being unable to travel. Ms. Johnson
toured the Mountain Home Air Force Base recently where she was able to see the
kinds of benefits available to retired vets. Those vets are able to use the
commissary and not pay any sales tax on merchandise purchased there. They can
also have their will’s drawn up without charge. Ms. Johnson also commented on
the retro payments that have been paid to vets. Last quarter the retro
payments totaled $192,843, this quarter the amount is $91,484. There is
currently a veteran’s facility in the process of being built in La Grande. The
facility will provide service to Baker, Union, Grant, and Wallowa counties.
The new facility will provide counseling as part of the many services available
to vets. The facility is expected to be completed within the next two
years.
Documents to be Signed:
Resolution No. 2007-1032: Unanticipated Revenue Within the Non Departmental
Department of the Weed Control Fund. Commissioner Kerns moved to approve
Resolution No. 2007-1032. Commissioner Stiff seconded the motion. Motion
carried.
Resolution No. 2007-1033: Unanticipated Revenue Within the Babies 1st
Department of the County Health Fund. Commissioner Kerns moved to approve
Resolution No. 2007-1033. Commissioner Stiff seconded the motion. Motion
carried.
Resolution No. 2007-1034: Appropriation Transfer within the Non Department and
the Public Defender Departments of the County General Fund. Commissioner Kerns
moved to approve Resolution No. 2007-1034. Commissioner Stiff seconded the
motion. Motion carried.
Resolution No. 2007-1035: Appropriation Transfer Within the Non Departmental
Department of the Court Security Fund. Commissioner Stiff moved to approve
Resolution No. 2007-1035. Commissioner Kerns seconded the motion. Motion
carried.
Resolution No. 2007-1036: Appropriation Transfer within the Non Departmental
Department of the County Clerk Records Fund. Commissioner Kerns moved to
approve Resolution No. 2007-1036. Commissioner Stiff seconded the motion.
Motion carried.
Resolution No. 2007-1037: Authorizing an Interfund Loan From the General Fund
to the Consolidated Dispatch Fund. Commissioner Kerns moved to approve
Resolution No. 2007-1037. Commissioner Stiff seconded the motion. Motion
carried.
Resolution No. 2007-1038: Unanticipated Revenue within the Eemergency
Management Department of the County General Fund. Commissioner Stiff moved to
approve Resolution No. 2007-1038. Commissioner Kerns seconded the motion.
Motion carried.
Resolution No. 2007-1039: Unanticipated Revenue Within the Non Departmental
Department of the County Fire Authority Fund. Commissioner Stiff moved to
approve Resolution No. 2007-1039. Commissioner Kerns seconded the motion.
Motion carried.
Order No. 2007-299: An Order of Cancellation of Wholly Uncollectible Personal
and Real Property Taxes. Commissioner Kerns moved to approve Order No.
2007-299. Commissioner Stiff seconded the motion. Motion carried.
Order No. 2007-302: Appointing Kari Whitacre to the Baker County Cultural
Coalition. Commissioner Kerns moved to approve Order No. 2007-302.
Commissioner Stiff seconded the motion. Motion carried.
Order No. 2007-303: Appointing Lori McNeil to the Baker County Cultural
Coalition. Commissioner Kerns moved to approve Order No. 2007-303.
Commissioner Stiff seconded the motion. Motion carried.
Other Business:
Comparison of Calendar:
June 20, 2007 @ 3pm Energy Meeting
June 23, 2007 Commissioners College
June 27, 2007 Ford Family tour of old armory
June 28, 2007 @ 1:30 NEOEDD
July 11, 2007 Commission Session
Commission Session adjourned at 12:05 p.m.
Respectfully submitted,
Heidi Martin, Executive Assistant
Baker County Board of Commissioners